AML/CFT: Reporting suspicious activity to TRACFIN
When serious doubt arises about the origin of funds or the nature of a transaction, the professional must report it to TRACFIN. Here's when and how. This guide complements our vigilance obligations.
- Declare when one knows or suspects money laundering, terrorist financing or tax fraud.
- THE attempts also; there is no no minimum amount.
- In principle, refrain from selling as long as the declaration has not been sent.
- The statement is strictly confidential and is done via the platform ERMES.
When do you have to declare it?
A report is sent to TRACFIN when you know, suspect, or have good reason to suspect that the funds or the transaction:
- stem from an offense punishable by more than a year in prison ;
- are linked to financing of terrorism ;
- or may originate from a tax fraud meeting regulatory criteria.
Attempted operations are also affected, and there is no no minimum amount to declare.
Based on what clues?
Suspicion is based on concrete analysis, often a body of evidence:
Refusal to provide proof
The customer refuses to present any document or proof of purchase.
Payer without connection
The payment came from someone with no apparent connection to the purchase.
Fractionation
The transaction is artificially broken down into several payments.
Inconsistency
Discrepancies between the client's profile and the amount committed, or contradictory explanations about the origin of the funds.
Other signs: an unnecessarily complex setup, or an unusual desire to buy very quickly without really being interested in the property.
Can the sale be completed before declaring it?
In principle, if suspicion exists Before To execute the transaction, you must refrain from carrying out the operation until the declaration is sent.
A statement posterior is only permitted in certain cases: when it was impossible to postpone the operation, when its postponement could have hindered an investigation, or when the suspicion only appeared after the sale.
The declaration and its content are strictly confidential : the customer must not be informed that a report has been made or is being considered.
How to declare?
Declarations are submitted via the secure platform ERMES, after registration of the reporting professional. Plan to designate this reporting professional in advance: see organize your AML/CFT compliance.
AML/CFT compliance with Jewely
To help its clients meet their AML/CFT obligations, Jewely Retail relies on specialized compliance partners for the fight against money laundering and terrorist financing.
This article is for informational purposes only and does not replace applicable laws or professional advice. The AML/CFT framework is technical and constantly evolving: verify your situation with official sources (Monetary and Financial Code, French Customs and Indirect Tax Authority (DGDDI), French Financial Intelligence Unit (Tracfin)) or a professional before deciding on your specific measures.